Divorce For Men
Frequently Asked Questions
How Long Does Divorce Take?
It’s called the divorce “process” for a reason.
Washington has a mandatory 90-day waiting period before a divorce can be finalized.
That clock starts when you or your spouse first files the paperwork.
In simple cases where both parties agree on everything, it can take little more than those 90 days. But the more you have to deal with, the longer it usually takes.
How Does Jurisdiction Affect Divorce?
Different states have different laws regarding custody, property division, and more. It’s important to know the specific rules that apply to your case.
How Much Does A Divorce Cost?
The average divorce in Washington costs roughly $12,000-$15,000, though that amount varies greatly from one case to the next.
Do I have to move out of my home?
Not unless the court orders you out. In some situations, moving out can actually harm parts of your case.
How Does The Discovery Process Work In Divorce?
Each side reveals what evidence they have, whi allows both sides to see the strength of the opposition’s case and adequately prepare
How is legal separation different from divorce?
While divorce dissolves a marriage completely, with legal separation, the union remains technically intact. Each has potential benefits and drawbacks.
How Do You File For Divorce In Washington State?
The basic steps are simple: Fill out and file the forms, serve your spouse, hash out the details, then sign the final documents. Things, of course, get complicated in a hurry.
How Is Child Custody Decided?
Both parents have an equal legal right to pursue custody.
If the parents can’t reach an agreement, the court examines numerous factors to decide the matter at hand.
Ultimately, the safety, well-being, and best interests of the children take precedence over other concerns.
What Is A Parenting Plan?
A parenting plan is a document that addresses custody, visitation, support payments, decision-making power, and other issues related to the children.
How Do I protect My Custody And Visitation Rights?
Spending time with your children is important. You can take a number of steps to safeguard your custody and visitation rights.
What Should I Expect From A Child Custody Hearing?
The courts want to make sure a child is safe and cared for. To ensure that, expect to have most areas of your life examined in detail.
Does The Mother Always Get Custody?
Nope.
Can I Get A Child Custody Modification?
Yes, but it is often a long, uphill battle.
How Can Legal Cannibis Affect Child Custody?
From a theoretical standpoint, legal marijuana use falls into a similar category as alcohol consumption. In reality, however, they’re not always treated the same way.
How is Child Support Calculated?
Washington’s Child Support Schedule follows a standardized formula.
Like a math equation, you plug in numbers and come up with a presumptive amount.
The court uses this formula to definite its terms, lay out the specifics, and come up with the final amount.
A number of factors figure into the final amount, including income, level of need, expenses, the residential schedule, and more.
What Is Child Support?
Child support payments are intended to cover the cost of food, shelter, clothing, medical care, and any other necessities associated with raising a child.
Can I Modify Child Support Payments?
You can seek to modify child support payments after the fact if you can demonstrate a significant change in circumstances. This is, however, often difficult to accomplish.
What Is A Child Support Adjustment?
Support ADJUSTMENT can be sought when there are known changes to income of the parents and at least two years have passed since the last Support Order was entered.
When Do Payments End In Washington State?
In Washington, child support payments typically last until a child turns 18 or graduates high school, whichever comes later. There are, however, circumstances where they continue.
Who Pays For College?
Post-secondary child support covers a child’s continuing education. Either parent can file for it, but you must petition the court prior to the child’s 18th birthday or graduation.
How Do You Ensure Child Support Accountability?
Just because the court orders child support doesn’t mean your ex will pay it. Fortunately, if they don’t, there are steps you can take to protect yourself.
What Are A Father's Rights In Washington State?
Barring extreme circumstances, a father has the right to:
Be part of his child’s life in a meaningful way.
Pursue primary custody.
Petition for child support if he is the primary parent.
Have regular, reasonable visitation free from interference by the other parent.
Can You Appeal Your Divorce Decree?
Yes. However, like most court orders, once in place, the terms of a divorce are usually difficult to modify, so it’s important to make sure they’re acceptable the first time.
Do You Need To Prove Paternity In Washington?
If the parents were not married and the father is not on a child’s birth certificate, the father has no legal rights until paternity is proven.
Do Unmarried Fathers Have The Same Rights As Married Fathers?
The same laws that govern custody, child support, visitation, and the rest apply whether the parents are married or not.
What If Your Ex Violates Your Divorce Agreement Or Parenting Plan?
Divorce decrees and parenting plans are official court orders, which means the terms are legally enforceable.
How Do False Abuse Allegations Affect Divorce?
False abuse allegations are regrettably common in divorce and they can impact custody decisions, temporary orders, and other areas.
How Are Protection Orders Used In Divorce?
Protection orders are often used to keep everyone safe during the divorce process. In Washington, there are multiple types used for specific circumstances and situations.
How Does Division Of Property Work In Washington State?
Community property means that the courts view all property, assets, and debts acquired during a marriage as belonging to both spouses. This doesn’t mean you share everything 50/50. Property equally acquired is subsequently equally distributed in divorce, in a fair, equitable fashion.Separate property, like an inheritance, gifts, or anything owned before marriage, belongs to one spouse or the other.
How Does The Court Divide Debt?
The court generally views all debts accrued during the marriage as the equal responsibility of both spouses, but there are exceptions.
How Much Does A Divorce Cost?
Average cost of divorce in Washington is roughly between $10,500-$12,000, and $15,500 with children. In a divorce where spouses can work together, it's substancially cheaper.
How Is Spousal Support Calculated in Washington State?
With no uniform criteria, individual judges use a list of factors to decide whether to award spousal support, the amount of these payments, and the duration.
Can You File For Bankruptcy During Divorce?
In Washington, you have to file either before or after divorce. You can’t file during the process. If you’re in the process of ending your marriage and begin bankruptcy proceedings, you can’t finalize the divorce.
How Is Your House Treated In A Divorce?
There are three common methods for determining the property’s value: the tax assessed value, an appraiser, or an evaluation by a realtor.
What Are Considered Assets In A Divorce?
Almost everything. This includes things you may not think of, such as airline miles, books, appliances, alcohol, a professional degree, and your sauce packet drawer.
When Shold You Hire A Divorce Attorney?
You can legally represent yourself in divorce, the law doesn’t require you to hire a lawyer.
However, having representation on your side is in your best interests.
Even in relatively straightforward cases, divorce can become complicated in a hurry.
An experienced divorce lawyer can guide you through the process and keep you from making costly mistakes.
What Are The Steps To Filing For Divorce?
The basic steps are simple: Fill out and file the forms, serve your spouse, hash out the details, then sign the final documents. Here’s a guide how to file.
What Are The Advantages Of Filing For Divorce First?
While the spouse who files for divorce first does get the ball rolling, that doesn’t always give you the lead. Each option comes with its own positives and negatives.
How Does Divorce Mediation Work?
Mediation is when both spouses meet with a third party in an attempt to negotiate a mutually agreeable divorce settlement.
What's In A Divorce Decree?
A divorce decree represents the court’s final ruling. On a practical level, it grants the dissolution of marriage and lays out the basic information regarding the split.
Pro Se Divorce: Can You Represent Yourself?
The right to represent oneself has existed since before the Constitution. A litigant can take this path in any type of legal case, but it’s become especially common in divorce.
Can You Get Divorced If You Can't Find Your Spouse?
Yes. In Washington, you need to initiate a case with the courts. This is the first step no matter the situation. It’s the next step where things become more complex.